CPB
budget allocation formula
| The Corporation for Public Broadcasting
has limited discretion in spending the federal appropriation for public
TV and radio. Federal law imposes a budget allocation formula that divides
the appropriation as indicated at right. The percentages are calculated
from text of the legislative provisions below. Dividing
CPB funds between TV and radio had been a repeated struggle until 1981,
when Congress imposed the formula proposed by Rep. Tim Wirth (D-Colo.).
The 75-25 split between TV and radio was based on experience. Robben Fleming,
then president of CPB, complained that the formula "emasculates" CPB,
and his successors periodically have objected to the loss of discretion
over spending. Outside the formula, CPB also spends Annenberg/CPB Project
funds and the separate Ready to Learn appropriation from Congress and
occasional special appropriations for satellite and other technical system
upgrades. |
 |
The
allocation formula as described officially in the Public Broadcasting Act
The following provisions are contained in this portion
of Section 396 of federal communications law, which establishes CPB. Source:
federal law as of Jan. 26, 1998, posted on the web site of the Cornell Law
School Legal Information Institute. Below is a portion of U.S. Code 47, Chapter
5, Part IV, Subpart D, Section 396.
- (3)
- (A)
- (i) The Corporation shall establish an annual budget for use in
allocating amounts from the Fund. Of the amounts appropriated into
the Fund available for allocation for any fiscal year -
- (I) $10,200,000 shall be available for the administrative
expenses of the Corporation for fiscal year 1989, and for each succeeding
fiscal year the amount which shall be available for such administrative
expenses shall be the sum of the amount made available to the Corporation
under this subclause for such expenses in the preceding fiscal year
plus the greater of 4 percent of such amount or a percentage of such
amount equal to the percentage change in the Consumer Price Index, except
that none of the amounts allocated under subclauses (II), (III), and
- (IV) and clause (v) shall be used for any administrative
expenses of the Corporation and not more than
5 percent of all the amounts appropriated into the Fund available
for allocation for any fiscal year shall be available for such administrative
expenses;
- (II) 6 percent
of such amounts shall be available for expenses incurred by the Corporation
for capital costs relating to telecommunications satellites, the payment
of programming royalties and other fees, the costs of interconnection
facilities and operations (as provided in clause (iv)(I)), and grants
which
the Corporation may make for assistance to stations that broadcast programs
in languages other than English or for assistance in the provision of
affordable training programs for
employees at public broadcast stations, and if the available funding
level permits, for projects and activities that will enhance public
broadcasting;
| Split
between TV and radio |
- (III) 75 percent
of the remainder (after allocations are made under subclause (I) and
subclause (II)) shall be allocated in accordance with clause (ii); and
- (IV) 25 percent
of such remainder shall be allocated in accordance with clause (iii).
| Split
between station and CPB discretion in TV |
- (ii) Of the amounts allocated under clause (i)(III) for
any fiscal year -
- (I) 75 percent
of such amounts shall be available for distribution among the licensees
and permittees of public television stations pursuant to paragraph (6)(B);
and
- (II) 25 percent
of such amounts shall be available for distribution under subparagraph
(B)(i), and in accordance with any plan implemented under paragraph
(6)(A), for national public television programming.
| Split
between station and CPB discretion in radio |
- (iii) Of the amounts allocated under clause
(i)(IV) for any fiscal year -
- (I) 70 percent
of such amounts shall be available for distribution among the
licensees and permittees of public radio stations pursuant to
paragraph (6)(B);
- (II) 7 percent
of such amounts shall be available for distribution under subparagraph
(B)(i) for public radio programming; and
- (III) 23 percent
of such amounts shall be available for distribution among the
licensees and permittees of public radio stations pursuant to
paragraph (6)(B), solely to be used for acquiring or producing
programming that is to be distributed nationally and is designed
to serve the needs of a national audience.
- (iv)
- (I) From the amount provided pursuant to clause (i)(II), the
Corporation shall defray an amount equal to 50 percent of the
total costs of interconnection facilities and operations to
facilitate the availability of public television and radio programs
among public broadcast stations.
- (II) Of the amounts received as the result
of any contract, lease agreement, or any other arrangement under
which the Corporation directly or indirectly makes available
interconnection facilities, 50 percent of such amounts shall
be distributed to the licensees and permittees of public television
stations and public radio stations. The Corporation shall not
have any authority to establish any requirements, guidelines,
or limitations with respect to the use of such amounts by such
licensees and permittees.
- (v) Of the interest on the amounts appropriated
into the Fund which is available for allocation for any fiscal year
-
- (I) 75 percent shall
be available for distribution for the purposes referred to in
clause (ii)(II); and
- (II) 25 percent
shall be available for distribution for the purposes referred
to in clause (iii)(II) and (III).
- (B)
- (i) The Corporation shall utilize the funds allocated
pursuant to subparagraph (A)(ii)(II) and subparagraph (A)(iii)(II)
to make grants for production of public television or radio
programs by independent producers and production entities
and public telecommunications entities, producers of national
children's educational programming, and producers of programs
addressing the needs and interests of minorities, and for
acquisition of such programs by public telecommunications
entities. The Corporation may make grants to public telecommunications
entities and producers for the production of programs in
languages other than English. Of the funds utilized pursuant
to this clause, a substantial amount shall be distributed
to independent producers and production entities, producers
of national children's educational programming, and producers
of programming addressing the needs and interests of minorities
for the production of programs.
- (ii) All funds available for distribution
under clause (i) shall be distributed to entities outside
the Corporation and shall not be used for the general administrative
costs of the Corporation, the salaries or related expenses
of Corporation personnel and members of the Board, or for
expenses of consultants and advisers to the Corporation.
- (iii)
- (I) For fiscal year 1990 and succeeding fiscal years,
the Corporation shall, in carrying out its obligations
under clause (i) with respect to public television programming,
provide adequate funds for an independent production
service.
- (II) Such independent production
service shall be separate from the Corporation and shall
be incorporated under the laws of the District of Columbia
for the purpose of contracting with the Corporation
for the expenditure of funds for the production of public
television programs by independent producers and independent
production entities.
- (III) The Corporation shall
work with organizations or associations of independent
producers or independent production entities to develop
a plan and budget for the operation of such service
that is acceptable to the Corporation.
- (IV) The Corporation shall
ensure that the funds provided to such independent production
service shall be used exclusively in pursuit of the
Corporation's obligation to expand the diversity and
innovativeness of programming available to public broadcasting.
- (V) The Corporation shall
report annually to Congress regarding the activities
and expenditures of the independent production service,
including carriage and viewing information for programs
produced or acquired with funds provided pursuant to
subclause (I). At the end of fiscal years 1992, 1993,
1994, and 1995, the Corporation shall submit a report
to Congress evaluating the performance of the independent
production service in light of its mission to expand
the diversity and innovativeness of programming available
to public broadcasting.
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